Claimant v Metropolitan Police Service
Outcome
Individual claims
The tribunal dismissed the unfair dismissal claim for lack of jurisdiction. Section 200 ERA excludes police officers from Part X unfair dismissal rights (except for specific exceptions under s.100 and s.103A which did not apply here, as Employment Judge Anstis had refused permission to add those claims).
Constructive dismissal is a type of unfair dismissal under s.95(1)(c) ERA. As with direct unfair dismissal, s.200 ERA excludes police officers from unfair dismissal rights (save for specific exceptions not applicable here), so the tribunal had no jurisdiction.
Claim for harassment under the Protection from Harassment Act 1997 dismissed for lack of jurisdiction. Section 3 PHA provides for 'civil proceedings' in the High Court or county court only. The tribunal has no express jurisdiction over PHA claims, and the remedies under the PHA (including injunctions) are not available in the employment tribunal.
Claim for breach of duty of care leading to personal injury dismissed as a free-standing claim for lack of jurisdiction. Such claims can only be brought in the county court or High Court. The claimant may still claim compensation for psychiatric injury if she succeeds in her discrimination or victimisation claims under the Equality Act 2010.
Free-standing claims for breach of the Police (Performance) Regulations 2020 and Police (Conduct) Regulations 2020 dismissed for lack of jurisdiction. The tribunal has no jurisdiction to consider breaches of these regulations as standalone claims, though alleged breaches may be relevant to complaints under the Equality Act 2010.
The claimant's disability discrimination claims under the Equality Act 2010 were not affected by this judgment and will proceed to a final hearing. The tribunal confirmed it has jurisdiction over these claims following the Supreme Court decision in P v Commissioner of Police for the Metropolis.
The claimant's victimisation claims under the Equality Act 2010 were not affected by this judgment and will proceed to a final hearing. These remain within the tribunal's jurisdiction.
Facts
The claimant, a former police officer with the Metropolitan Police, brought multiple claims including unfair constructive dismissal, harassment under the Protection from Harassment Act 1997, breach of duty of care leading to personal injury, and breaches of Police Performance and Conduct Regulations. The respondent applied to strike out several of these claims on jurisdictional grounds. The claimant was self-represented and had other claims under the Equality Act 2010 (disability discrimination and victimisation) which were not affected by this preliminary hearing.
Decision
The tribunal dismissed the unfair dismissal, harassment under PHA 1997, breach of duty of care, and breach of Police Regulations claims for lack of jurisdiction. Section 200 ERA excludes police officers from unfair dismissal rights (save for specific exceptions not applicable). The PHA provides for civil proceedings only in the High Court or county court. The tribunal has no jurisdiction over free-standing common law duty of care claims or breach of Police Regulations, though such matters may be relevant to the remaining Equality Act claims.
Practical note
Police officers face significant jurisdictional barriers in the employment tribunal and cannot bring unfair dismissal claims (unless based on protected disclosure or health and safety grounds), claims under the Protection from Harassment Act 1997, or free-standing claims for breach of Police Regulations, though discrimination and victimisation claims under the Equality Act remain available.
Legal authorities cited
Statutes
Case details
- Case number
- 3301946/2023
- Decision date
- 9 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- emergency services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Police Officer
Claimant representation
- Represented
- No